If unable to secure the written consent to the condemnation or destruction in accordance with § 39-26-80(B)(1), the Commissioner, or any authorized agent of the Commissioner, shall make a complaint before a magistrate, or other officer authorized to issue summons, having jurisdiction where the covered produce was seized. The magistrate or other officer shall issue his summons to the person from whom the covered produce was seized, directing him to appear before an appropriate court in the jurisdiction not less than six nor more than twelve days from the date of issuing the summons and show cause why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons must be served upon the person then in possession of the covered produce. The summons must be served at least six days before the time of appearance as directed herein by the appropriate court. If the person from whom the covered produce was seized cannot be found, no one can be found in possession of the covered produce, and the defendant does not appear on the return day, an appropriate court shall proceed in the cause in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants appears upon the return day.